Convention of States Action has created model legislation to establish a recommended process for selecting, instructing, and overseeing commissioners to an Article V Convention for proposing amendments to the U. S. Constitution. Our model legislation is intended to serve as a starting point for state legislators to plan in advance how their state’s delegation to an Article V Convention will function. Passing this legislation will result in your state being ready for the 34th Article V application and the calling of an Article V convention for proposing amendments.
This legislation has been developed as a result of work by many of Convention of States Action’s legal and grassroots experts. The process started with a team that compiled and reviewed existing legislation as well as model legislation. This team compiled proposed legislation based on the best components of the legislation reviewed. The proposed legislation was then reviewed and edited by several attorneys well versed in Article V Constitutional law. Finally, it was reviewed by several state legislators who provided valuable feedback, which was incorporated into the final version of our model legislation.
The model legislation consists of two components:
- A model resolution suggesting procedures for selecting, instructing, and overseeing commissioners.
- A model bill enacting criminal penalties for commissioners violating their commission and for individuals interfering with a commissioner’s performance of his or her duties.
These measures merely put procedures in place that would be needed for the state to participate in any Article V convention. They can be valuable as an incremental step in passing our Article V application in a future year since they provide details about the procedures that legislators are generally concerned about and provide a sense of security by establishing codified safeguards against and penalties for unfaithful commissioners (in addition to existing protections in common law). Legislators can develop fatigue with legislation that gets introduced year after year but doesn’t make considerable progress; these measures provide something “fresh” for them to consider. Our legislative sponsors–and grassroots teams–may appreciate having something to advocate for that has a more meaningful chance of scoring a “win.”
The details contained in these models can be adapted to the particular state legislature's preferences. You can download the 34|Ready Model Legislation here:
Model Commissioner Selection Resolution
